33 U.S.C. § 894a — Actions to address sexual assault at National Oceanic and Atmospheric Administration

submitted 10 years ago by Pub. L. 114-328 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 683 words · no verdicts yet

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NOAA must create a comprehensive sexual-assault policy covering prevention, education, reporting, investigation, retaliation, oversight, victim advocates, and outside resources. Advocates must be trained permanent employees, available across NOAA regions and centers, and reachable through a monitored hotline.

(a) Within one year after December 23, 2016, the Secretary, through the Under Secretary, must develop a comprehensive policy preventing and responding to sexual assaults involving NOAA employees, commissioned officers, and people working with or doing business for NOAA. (b) At minimum it must cover prevention; education and training; support resources including after-hours contact and help for people in remote camps, at sea, or in the field; ready access to that information; confidential questions and restricted or unrestricted reporting; command and law-enforcement investigation protocols; no retaliation and consequences; Under Secretary oversight of administrative and disciplinary action for substantiated incidents; victim advocacy, including advocates' establishment, duties, and training; and resources at other Federal agencies and state, local, and national organizations. (c) The Secretary must establish advocates for covered victims. An advocate is an existing permanent NOAA employee trained in sexual assault and this policy who volunteers in addition to regular duties. Advocates support victims and explain rights and resources, accompany them through investigative, medical, mental-health, emotional-health, and recovery processes, and help identify safety resources. At least one must be stationed in every operating region and every NOAA marine and aviation center. The Secretary must provide a telephone number monitored at all times, using existing hotlines where possible, and may form relationships with other entities for more advocates. (d) The policy must be available to covered employees and officers, including field workers, and to the public. (e) The Secretary may consult or receive help from appropriate organizations and experts.

the actual law source: uscode.house.gov ↗public domain

(a) Comprehensive policy on prevention of and response to sexual assaults

Not later than 1 year after December 23, 2016, the Secretary of Commerce shall, acting through the Under Secretary for Oceans and Atmosphere, develop a comprehensive policy on the prevention of and response to sexual assaults involving employees of the National Oceanic and Atmospheric Administration, members of the commissioned officer corps of the Administration, and individuals who work with or conduct business on behalf of the Administration.

(b) Elements of comprehensive policy

The comprehensive policy developed under subsection (a) shall, at minimum, address the following matters:

(1)

Prevention measures.

(2)

Education and training on prevention and response.

(3)

A list of support resources an individual may use in the occurrence of sexual assault, including—

(A)

options and contact information for after-hours contact; and

(B)

a procedure for obtaining assistance and reporting sexual assault while working in a remote scientific field camp, at sea, or in another field status.

(4)

Easy and ready availability of information described in paragraph (3).

(5)

Establishing a mechanism by which—

(A)

questions regarding sexual assault can be confidentially asked and confidentially answered; and

(B)

incidents of sexual assault can be reported on a restricted or unrestricted basis.

(6)

Protocols for the investigation of complaints by command and law enforcement personnel.

(7)

Prohibiting retaliation and consequences for retaliatory actions against someone who reports a sexual assault.

(8)

Oversight by the Under Secretary of administrative and disciplinary actions in response to substantiated incidents of sexual assault.

(9)

Victim advocacy, including establishment of and the responsibilities and training requirements for victim advocates as described in subsection (c).

(10)

Availability of resources for victims of sexual assault within other Federal agencies and State, local, and national organizations.

(1) In general

The Secretary, acting through the Under Secretary, shall establish victim advocates to advocate for victims of sexual assaults involving employees of the Administration, members of the commissioned officer corps of the Administration, and individuals who work with or conduct business on behalf of the Administration.

(2) Victim advocates

For purposes of this subsection, a victim advocate is an existing permanent employee of the Administration who—

(A)

is trained in matters relating to sexual assault and the comprehensive policy developed under subsection (a); and

(B)

serves as a victim advocate voluntarily and in addition to the employee’s other duties as an employee of the Administration.

(3) Primary duties

The primary duties of a victim advocate established under paragraph (1) shall include the following:

(A)

Supporting victims of sexual assault and informing them of their rights and the resources available to them as victims.

(B)

Acting as a companion in navigating investigative, medical, mental and emotional health, and recovery processes relating to sexual assault.

(C)

Helping to identify resources to ensure the safety of victims of sexual assault.

(4) Location

The Secretary shall ensure that at least 1 victim advocate established under paragraph (1) is stationed—

(A)

in each region in which the Administration conducts operations; and

(B)

in each marine and aviation center of the Administration.

(5) Hotline

(A) In general

In carrying out this subsection, the Secretary shall provide a telephone number at which a victim of a sexual assault can contact a victim advocate.

(B) 24-hour access

The Secretary shall ensure that the telephone number established under subparagraph (A) is monitored at all times.

The Secretary shall, where possible, use established hotlines for purposes of this paragraph.

(6) Formal relationships with other entities

The Secretary may enter into formal relationships with other entities to make available additional victim advocates.

(d) Availability of policy

The Secretary shall ensure that the policy developed under subsection (a) is available to—

(1)

all employees of the Administration and members of the commissioned officer corps of the Administration, including those employees and members who conduct field work for the Administration; and

(2)

the public.

(e) Consultation and assistance

In developing the policy required by subsection (a), the Secretary may consult or receive assistance from such State, local, and national organizations and subject matter experts as the Secretary considers appropriate.

Source credit: (Pub. L. 114–328, div. C, title XXXV, § 3542, Dec. 23, 2016, 130 Stat. 2801; Pub. L. 116–259, title V, § 504(a)(2), Dec. 23, 2020, 134 Stat. 1180.)

history & why it existsrecord from the source credit

2016Enacted · Pub. L. 114-328 · 130 Stat. 2801
2020Amended · Pub. L. 116-259 · 134 Stat. 1180

A history note hasn’t been published yet. The record shows enactment by Pub. L. 114-328 on 2016-12-23.

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